New York’s judges haven’t gotten a pay raise in nearly 12 years, but some are taking advantage of a legal loophole allowing them to continue to draw their salaries while collecting a pension.
For example, 68-year-old State Supreme Court Justice Orazio Bellantoni has filed his retirement papers even though he was elected to a 14-year term November 3, the Journal News reports.
And Bellantoni won’t be alone. At least seven other state judges in Westchester and Rockland double dip, including the former administrative judge of the 9th Judicial District, Francis Nicolai.
William Kelly filed for his retirement papers in 2005 when elected to state Supreme Court in Rockland County. He had served 40 years as a Bronx prosecutor, Clarkstown justice and Rockland County judge. “His pension is $87,903, giving him a combined income of $224,603,” according to the newspaper.
“The law is what the law is. In view of the fact that we’re the lowest-paid judges in the country … I would hardly think this would be news,” Kelly said. “We’re paid much less than the junior associates who come into our courts. This gives us an opportunity to get some recognition of where we are in our careers.”
Judges and other elected officials can retire while remaining in office. But their pension payments end each year once they pass $30,000 in salary if they are younger than 65 or entered the retirement system after 1995. Those older than 65 who entered the system before 1995 receive full pensions on top of their salaries.
Judges aren’t the only elected officials to double-dip. Four members of the state Legislature “retired” shortly after being re-elected last year, according to the New York Times. Among them is Assemblyman Jack McEneny, a 65-year-old Albany Democrat.
Mr. McEneny explained how the system worked. “You have to have a day without being on the payroll,” he said. “You take the last day of your term, New Year’s Eve, and then you resign. On January 1, you come back as the newly elected assemblyman.”
Originally Published: NY Public Payroll Watch
You may also like
Meanwhile, on the mandate relief front
Governor Cuomo’s 2012-13 budget, to be presented later today, will command media attention for the rest of the week. Advance reports on his modified pension reform proposal are especially promising. Meanwhile, there’s a (fiscally) cost-free approach to helping local governments and school districts alleviate their budget problems: repealing the Triborough Amendment. Read More
Legislature rejects union arbitration cap
Governor Cuomo’s proposal to cap arbitration awards for police and firefighters is not included in the Senate or Assembly budget bills. This may be blessing in disguise: as argued here, Cuomo’s original proposal didn’t go nearly far enough. Since the arbitration law expires on June 30, the governor remains in a commanding position to demand more. Read More
Labor costs rose faster in public sector in ‘09
Employee compensation in the state and local government sector increased at twice the private-sector rate during the 12 months ending in December, according to national data released todayby the federal Bureau of Labor Statistics.
Read More
Getting Triborough wrong
“Mandate relief remains elusive,” is one of the state-related headlines in today’s Albany Times Union — and that much, at least, is true. Unfortunately, the articlebeneath the headline repeats a familiar canard about the origins of the Triborough Amendment. Read More
Persuading co-workers to retire
Oneida County employees participating in a proposed cash buyout program would have a strong incentive to get their co-workers to join them: their payments will increase if more employees participate. Read More
Examining MDs
Should physicians, who are licensed by the state of New York, be required to take a civil service exam in order to work for the state of New York? A state judge thinks so, but that's unlikely to be the last word on the controversy. Read More
Teaching without contracts
As schools open, the number of school districts at impasse with teacher unions has increased by 12 percent since a year ago, according to the Public Employment Relations Board. Also noteworthy--although not emphasized by PERB--nearly one out of three school districts has yet to negotiate a new contract with its teachers. Read More
Car 54, where are you?
New York City will track the whereabouts of its 379 building inspectors with GPS technology installed, not in their city-issued vehicles, but in their cell phones. Read More